{
  "id": 2898344,
  "name": "The People of the State of Illinois, Appellee, vs. Louis Kopple et al., Appellants",
  "name_abbreviation": "People v. Kopple",
  "decision_date": "1970-05-27",
  "docket_number": "No. 42128",
  "first_page": "17",
  "last_page": "19",
  "citations": [
    {
      "type": "official",
      "cite": "46 Ill. 2d 17"
    }
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  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
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  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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      "cite": "393 U.S. 410",
      "category": "reporters:federal",
      "reporter": "U.S.",
      "case_ids": [
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    {
      "cite": "105 Ill. App. 2d 68",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
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  "last_updated": "2023-07-14T21:56:05.512109+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Appellee, vs. Louis Kopple et al., Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Crebs\ndelivered the opinion of the court:\nThe circuit court of Cook County issued a warrant to search apartment 304 at 4750 North Clarendon in Chicago and seize all records of horse bets, sports bets and miscellaneous paraphernalia which constitute evidence of the offense of gambling. The warrant was executed that same day and items generally found in a gambling operation were seized. After several continuances, the trial court granted the petition of Louis Kopple and Morris Klotz to quash the warrant and suppress the evidence seized because the complaint for the warrant did not state facts sufficient to show probable cause for its issuance. The People appealed, the appellate court found that the complaint showed probable cause for issuance of the warrant and it reversed the order quashing the warrant. (People v. Kopple, 105 Ill. App. 2d 68.) We granted leave to appeal to consider appellants assertion that the appellate court opinion conflicts with Spinelli v. United States, 393 U.S. 410, 21 L. Ed. 2d 637, 89 S. Ct. 584, which was announced after the appellate court opinion was rendered.\nIn Spinelli the Supreme Court held that the affidavit upon which a search warrant had issued did not show probable cause. In reaching this conclusion the court observed: \u201cThough the affiant swore that his confidant was \u2018reliable,\u2019 he offered the magistrate no reason in support of this conclusion. Perhaps even more important is the fact Aguilar\u2019s other test has not been satisfied. The tip does not contain a sufficient statement of the underlying circumstances from which the informer concluded that Spinelli was running a bookmaking operation. We are not told how the FBI\u2019s source received his information \u2014 it is not alleged that the informant personally observed Spinelli at work or that he had ever placed a bet with him.\u201d 393 U.S. 410, 416, 21 L. Ed. 2d 637, 643, 89 S. Ct. 584, 589.\nThe appellate court opinion states the material allegations of the complaint which need not be repeated. The complaint meets the \u201ctwo-pronged test\u201d of Aguilar v. Texas, 378 U.S. 108, 12 L. Ed. 2d 723, 84 S. Ct. 1509, as \u201cexplicated\u201d in Spinelli.\nThe issue of \u201cunderlying circumstances\u201d from which it could be judged that the informant knew a gambling operation was being conducted at apartment 304 at 4750 North Clarendon was shown by the informant\u2019s statement that he placed bets by calling two stated telephone numbers. Independent investigation revealed that these telephones were at that apartment at that address. The informant\u2019s reliability was shown by the sworn statement of the complainant that he heard the informant place a bet after dialing one of the stated telephone numbers.\nThe judgment of the appellate court is affirmed and the cause is remanded for further proceedings not inconsistent herewith.\nA ffirmed and remanded.",
        "type": "majority",
        "author": "Mr. Justice Crebs"
      }
    ],
    "attorneys": [
      "Michael H. Brodicin, of Chicago, for appellants.",
      "William J. Scott, Attorney General, of Springfield, and Edward V. Hanrahan, State\u2019s Attorney, of Chicago, (James B. Zagel, Assistant Attorney General, and Elmer C. Kissane and Joseph Romano, Assistant State\u2019s Attorneys, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "(No. 42128.\nThe People of the State of Illinois, Appellee, vs. Louis Kopple et al., Appellants.\nOpinion filed May 27, 1970.\nRehearing allowed October 6, 1970.\nMichael H. Brodicin, of Chicago, for appellants.\nWilliam J. Scott, Attorney General, of Springfield, and Edward V. Hanrahan, State\u2019s Attorney, of Chicago, (James B. Zagel, Assistant Attorney General, and Elmer C. Kissane and Joseph Romano, Assistant State\u2019s Attorneys, of counsel,) for the People."
  },
  "file_name": "0017-01",
  "first_page_order": 27,
  "last_page_order": 29
}